In the motion, the NFLPA argues that the NFL's suspension of Brady violates its own rule testified to by NFL Commissioner Roger Goodell, that the league is "required to give proper notification" of player discipline.

According to the union representing Brady, the players' collective bargaining agreement "affords players advance notice of discipline" and arbitrators are not free to disregard that essence-of-the-CBA requirement.

Hours after the NFLPA filed the motion in New York, the NFL filed its own motion and said the request from the NFLPA to overturn the suspension should be denied and let Brady's punishment stand.

Brady has appealed his four-game suspension for his role in the Deflategate controversy.

Last month, Goodell upheld Brady's suspension, concluding he "knew about, approved of, consented to, and provided inducements and rewards" to support a scheme in which a Patriots employee deflated balls before the Patriots beat the Indianapolis Colts 45-7 in the Jan. 18 AFC championship game.

The Patriots went on to win the Super Bowl.

Brady has repeatedly said he knew nothing about a plot to deflate game balls.

The players' union, fighting the suspension, maintains there is no proof balls were deflated.